What is Act No. 201 / 2002 Coll.?

Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters — Law on the Office for the Representation of the State in Property Matters.

When it became Act No. 201 / 2002 Coll. effectiveness?

Act No. 201 / 2002 Coll. became effective 01.07.2002.

Is Act No. 201 / 2002 Coll. still valid?

Yes, Act No. 201 / 2002 Coll. is still valid and effective.

How many times was it Act No. 201 / 2002 Coll. amended?

Act No. 201 / 2002 Coll. has 12 time versions of the text.

Act No. 201 / 2002 Coll. - Law on the Office for the Representation...

201

THE LAW

of 2 May 2002

on the Office for the Representation of the State in Property matters

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

STATUS AND ACTIVITIES OF THE STATE REPRESENTATION AUTHORITY IN MATTERS OF PROPERTY

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

(1) An Office for the Representation of the State in Property Matters (hereinafter referred to as the Office) is hereby established.

(2) The Office is an institution of the Czech Republic (hereinafter referred to as "the State") which:

(a) acting in proceedings before courts, arbitrators or permanent arbitration courts (hereinafter referred to as "arbitration bodies"), administrative offices and other bodies, 1)

(b) processing legal opinions;

(c) carry out other tasks provided for by specific legislation and by this law.

(3) The Authority is an organisational component of the State (hereinafter referred to as the "organisational component") and an entity.

(4) The seat of the Office is Prague.

HLAVA II

EXCLUSION OF THE AUTHORITY

§ 2

(1) The Office shall, in the cases and under the conditions laid down by this Law, act as a State in proceedings before the courts, arbitration bodies, administrative authorities and other authorities in matters relating to the assets of the State (hereinafter referred to as "property"), instead of the organisational arrangements (2) responsible for the management of that property under special legislation3) (hereinafter referred to as "the relevant organisational component").

(2) Where the Office acts as a State pursuant to paragraph 1, it shall act on behalf of the State. Its conduct shall include all procedural acts which could be carried out by the relevant organisational body in proceedings under specific legislation.

§ 3

(1) The Office shall act (§ 2) in the proceedings

(a) before the national courts and arbitration authorities concerning the determination of the State property right

1. to a tangible real estate item whose valuation under special legislation4) exceeds CZK 25 000 000 at the time of the opening of the procedure;

2. to a tangible immovable or movable item declared a national cultural monument,

3. the building which is the seat of Parliament, the President of the Republic, the Government, the Ministry or any other Central Administrative Office, the Constitutional Court, the Supreme Court, the Supreme Administrative Court and the Supreme Audit Office, or the land built by such a building;

or in the case of the removal of the said immovable property and, where appropriate, the issue of the said movable property,

(b) before national courts and arbitration bodies in respect of cash transactions exceeding CZK 50 000 000 and in commercial matters CZK 250 000 000;

c) before foreign and international courts and arbitration bodies in respect of cash transactions exceeding CZK 50 000 000 and CZK 100 000 000 in commercial matters,

(d) before the Constitutional Court on a constitutional complaint in cases where the constitutional complaint lodged relates to property matters.

(2) Where a constitutional complaint is lodged in the case referred to in paragraph 1, point (b) of Article 2 (1) of Regulation (EU) No 1308 / 2013, the Commission may, in accordance with the procedure laid down in Article 5 (2) of that Regulation, decide to extend the time limit for the lodging of a complaint. (d) the Office shall do so on its own or other initiative. If it does not consider the complaint to be well founded, it shall inform the complainant accordingly, stating the reasons for the complaint and the organisational component concerned.

(3) In the cases referred to in paragraph 1 (b) and (c), the accessories of the claim shall not be taken into account.

§ 4

The Office shall, either on its own initiative or on the initiative of the Supreme Audit Office or the Ministry of Finance, bring an action (Paragraph 2) in proceedings before the courts concerning the determination of the property right of the State, the determination of the nullity of the transfer agreement of State ownership or the issue of unjustified enrichment at the expense of the State, where such action has not yet been brought by the relevant organisational body. If the Authority does not consider the complaint to be justified, it shall inform the complainant accordingly, stating the reasons for the complaint and the organisational component concerned.

§ 5

The procedure laid down in Sections 3 and 4 cannot be applied,

(a) if the Office should act (§ 2) in proceedings concerning assets with which the Ministry of Defence is responsible; This is not the case if it is the determination of the ownership of the State or the removal of the tangible immovable property, or the issue of the tangible movable property or the determination of the nullity of the contract for the transfer of the tangible immovable property from the ownership of the State,

(b) if the Office should act in proceedings concerning assets with which the Security Information Service is responsible, the security interests of the State may be jeopardised by such procedures; the Authority's position is decisive in its doubts,

(c) if the Office itself is an appropriate organisational component (§ 18, 19),

(d) the exclusion of special legislation (5) or an international treaty which is bound by the State and which has been declared in the Collection of Laws and International Treaties or in a previous similar collection;

(e) if the Office should act in the proceedings instead of the competent authority to which a specific law confers the right to participate in the proceedings and which has both procedural capacity for such proceedings, 6)

(f) if the proceedings concerning the protection of foreign investment are concerned,

(g) the enforcement procedure.

HLAVA III

AGREED PROCEDURE OF THE OFFICE

§ 6

(1) The Office may agree with the relevant organisational body to act (Paragraph 2) in proceedings before a court, arbitration body, administrative authority or other body in matters relating to property instead of that relevant organisational body.

(2) In the case of the procedure referred to in paragraph 1, the Office shall register with the relevant organisational component, which shall include the identification of the property case or the reason for which the proceedings are to be initiated, as well as information identifying the property to which the case relates. The rules on registration pursuant to a specific legislation shall apply mutatis mutandis to the further elements of the registration. 7)

(3) In accordance with the procedure laid down in paragraphs 1 and 2, no conditions may be agreed which the Office would restrict in the manner in which the proceedings are conducted.

§ 7

The procedure laid down in Article 6 is also possible where proceedings before a court, arbitration body, administrative authority or other authority concerning a particular property have already taken place.

§ 8

The procedure provided for in Sections 6 and 7 cannot be applied,

(a) where this is excluded by an international treaty which is bound by the State and which has been declared in the Collection of Laws and International Treaties or in a previous similar collection;

(b) if the Office should act (Paragraph 2) in the proceedings instead of the competent authority to which the specific legislation confers eligibility to be a party to the proceedings and which has both procedural capacity for such proceedings, 6)

(c) when the Office is acting in accordance with the provisions of Sections 3 and 4,

(d) if the Office is directly involved in the proceedings (Section 11),

(e) if the relevant organisational body is already provided for the management of a proxy,

(f) if the Office acts as a competent organisational component in the proceedings (§ 18, 19),

(g) if the same management office has already so agreed with another organisational body.

HLAVA IV

OTHER PARTICIPATION

§ 9

(1) The Office may act as an intervener in civil proceedings (8) before the courts in any case concerning the assets with which the State organisation is responsible under the special legislature9) if the State has a legal interest in the outcome of such proceedings.

(2) Where the Office acts as a State pursuant to paragraph 1, it shall act on behalf of the State. Its conduct shall include all procedural acts which may be carried out by an intervener in proceedings under specific legislation.

(3) The Office shall enter the proceedings either on its own initiative or at the request of a party to proceedings by means of a court. If it does not consider the complaint or notice to be well founded, it shall inform the party who made the complaint, stating the reasons for the complaint and, where appropriate, by the court of the party who made the request.

§ 10

The procedure provided for in Section 9 cannot be applied,

(a) where the Office is acting in accordance with the provisions of Sections 3 and 4 or with Sections 6 and 7,

(b) if the Office is directly involved in the proceedings (Section 11),

(c) if the Office acts as a competent organisational component in the proceedings (§ 18, 19).

HLAVA V

DIRECT PARTICIPATION OF THE AUTHORITY IN THE PROCEDURE

§ 11

(1) The Office shall be capable of being a party to civil proceedings itself and having a procedural capacity for such proceedings, (6) if, in cases of documented property interest by the State and in accordance with a specific law, it makes or enters into proceedings before national courts for the nullity of a contract for the transfer of ownership of a case or a contract for the transfer of securities not a party to a State or a state organisation.

(2) The Office shall act in accordance with paragraph 1 on its own initiative or on the initiative of the law enforcement authorities, the Czech National Bank or the Ministry of Finance. If the Office does not consider the State's property interest to be substantiated, it shall inform the complainant accordingly, stating the reasons for the complaint.

(3) The procedure of the Office under paragraphs 1 and 2 is without prejudice to the authorization of the Public Prosecutor under specific legislation. 11)

§ 12

The procedure provided for in § 11 cannot be applied,

(a) where the Office is acting in accordance with the provisions of Sections 3 and 4 or with the provisions of Sections 6 and 7 or with the provisions of Section 9,

(b) if the Office acts as a competent organisational component in the proceedings (§ 18, 19),

(c) if the application to initiate the procedure has already been lodged by the Prosecutor's Office.

HLAVA VI

LEGAL OPINION

§ 13

(1) The Office shall, at the request of the organisational bodies and state organisations, process written legal opinions on individual matters relating to property.

(2) The Office may request the processing of a legal opinion pursuant to paragraph 1 where this is justified by the essential importance or complexity of the matter.

HLAVA VII

REPRESENTATION OF PERSONS

§ 13a

(1) The Office may, in the cases and under the conditions laid down by this Law, provide the municipalities with legal assistance to represent the municipalities in the proceedings before the courts.

(2) Legal aid under paragraph 1 may be granted by the Office only in a procedure in which a claim against the municipality is claimed to determine the property or its accessories acquired by the municipality or to dispose of the property.

(3) Legal aid under paragraph 1 shall be granted free of charge by the Office to the municipality.

§ 13b

The legal aid agreement provided for in Article 13a must be concluded in writing and must indicate the property of the municipality to which the court is entitled.

§ 13c

Legal aid under Article 13a cannot be granted,

(a) where the applicant is a State or a State organisation;

(b) where the Office is acting in accordance with Articles 3, 4, 6, 7, 9, 11 or 13d,

(c) if the Office acts as a competent organisational component in the proceedings (§ 18, 19).

§ 13d

(1) The Office may act as an intervener in the procedure for determining the property of the municipality (Paragraph 13a (2)), in addition to the municipality, if the State has a legal interest in the outcome of such proceedings. Paragraph 9 (2) shall apply mutatis mutandis to this case.

(2) The procedure laid down in paragraph 1 cannot be applied,

(a) where a State or a State organisation is a party to the proceedings; or

(b) where the Office is acting in accordance with Articles 3, 4, 6, 7, 9 or 11.

ČÁST DRUHÁ

ORGANISATION AND MANAGEMENT OF THE AUTHORITY AND STAFF OF THE STATE IN THE STATE OF EQUIPMENT

§ 14

(1) The Office carries out its activities (Sections 3, 4, 6, 7, 9, 11, 13, 13a, 13b and 13d) through its territorial offices. The Zoning Institute also performs other tasks under this Act [Paragraph 1 (2) (c)].

(2) Where the Office is responsible for the performance of its activities, or where other tasks under this law are carried out by a territorial office (paragraph 1), the address for delivery shall always be the address of that territorial office.

(3) The Head of the Office shall be the Director-General who shall be appointed and removed from office by the Minister for Finance; The Director-General shall perform his duties in an employment capacity.

(4) The internal arrangements of the Office shall be laid down in its rules of organisation, approved by the Minister for Finance.

§ 15

(1) Professional supervision of the Office's activities (Sections 3, 4, 6, 7, 9, 11, 13, 13a, 13b and 13d) is carried out by the Ministry of Finance. This shall be without prejudice to specific legislation on the control and competence of control authorities. 12)

(2) The Office shall notify the Ministry of Finance of the draft of each draft legal opinion (Section 13).

(3) The Ministry of Finance may at any time ask the Office for information on the state of management of any matter in which the Office is active if such information is needed to carry out its tasks.

§ 16

(1) Only an upstanding natural person who is a citizen of the Czech Republic, a citizen of another Member State of the European Union or a citizen of a State which is a Contracting State of the Agreement on the European Economic Area may become an employee of a State in the Office (hereinafter referred to as "an official of the Office") and is fully competent. The condition of integrity is not met by those who have been convicted of an intentional crime and the conviction has not been exterminated.

(2) The qualification requirement of an Office staff member to carry out the activities referred to in the provisions of Sections 3, 4, 6, 7, 9, 11, 13, 13a, 13b and 13d or to carry out similar activities in the performance of other tasks of the Office (§ 18, 19) is always university education obtained by studying in the Master's study programme in the field of law at a university in the Czech Republic and at least three years of experience in the field of supposed type of work after completion of prescribed education.

(3) The employment relationship of the staff of the Office is governed by the Labour Code.

(4) The staff of the Office referred to in paragraph 2 shall be paid as a representative of the Regional Prosecutor's Office until the end of the fifth year of experience and the Director-General of the Office shall be paid as Deputy Attorney General under a special law. 13)

(5) The pay ratios of the other staff members of the Office are governed by the legislation governing the pay ratios of the staff members of the public administration. 14)

(6) A candidate for employment in the Office, who is not a national citizen of the Czech Republic, has to prove that he is a full member of the Association of Language Testing Institutions in Europe by this association, a certified examination from the Czech language as a foreign language, a knowledge of the Czech language; This does not apply if he has completed primary, secondary or higher education for at least 3 school years, in which the Czech language was the teaching language. A candidate for employment in the Office, who is not a national of the Czech Republic, is entitled to reimbursement of the costs he has paid for one participation in the exam from the Czech language, the Office. The content and scope of the exam are covered by the order on examination from the Czech language for applicants for admission to service who are not nationals of the Czech Republic; for this purpose, the candidate for the post of head of staff shall be considered as an applicant for admission to the post of head of staff and the other tenderers shall be considered as other applicants.

§ 17

(1) Staff of the Office are required to:

(a) maintain confidentiality of the facts of which they have been informed in or in connection with the performance of their employment, even after termination of employment; unless otherwise provided in specific legislation, the Office's staff may, for serious reasons, exempt the Director-General of the Office and the Director-General of the Office, under the same conditions, the Minister of Finance,

(b) not to receive gifts or other benefits in connection with the employment, except for the benefits or benefits provided by the employer in respect of which they are employed, or under legislation and collective agreements;

(c) refrain from acting which could lead to a conflict of interests of the State with personal interests, in particular from using information acquired in connection with the exercise of employment for the benefit of its own or someone else.

(2) The staff of the Office referred to in Article 16 (2) may not be members of statutory or supervisory bodies of legal persons engaged in business.

(3) The staff of the Office referred to in Article 16 (2) may not engage in business or other gainful activities; This restriction shall not apply to the activities of a scientific, educational, publicist, literary or artistic nature, to the activities of an expert or interpreter carried out in accordance with a specific law for a court or administrative office, 15) to activities in the advisory bodies of the Government and to the management of its own property.

§ 18

(1) The Office shall manage the property in accordance with specific legislation. 16) Revenue and expenditure of the Office are contained in the budget of the Ministry of Finance chapter.

(2) The Office shall report in detail to the Ministry of Finance by 31 March of the following year on the management of the property and on its activities in the previous year.

§ 19

(1) In the case of assets with which the Office is competent to manage according to the provisions of § 9 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, the Office performs the tasks of that Act territorial workstation (§ 14) in the capital of Prague. The rules of organisation of the Office may provide that some of these tasks are performed by other territorial posts.

(2) In the case of assets with which the Office is competent to manage pursuant to the provisions of § 11 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended by Act No. 202 / 2002 Coll., the Act performs the tasks of the Territorial Institute,

(a) within whose territorial area the property is situated;

(b) in whose territorial district the previous owner had his last permanent residence or registered office or, where applicable, in whose territorial district the organisational unit or the state organisation last responsible for the property could not be designated as a territorial establishment as referred to in (a) or where the property is situated abroad.

(3) Where a territorial establishment designated in accordance with paragraph 2 (b) finds that the property or part thereof is located in the territorial district of another territorial establishment, it shall immediately inform the territorial establishment thereof, and the territorial establishment shall, on the basis of that notification, commence immediately with carrying out the tasks referred to in the law referred to in paragraph 2.

(4) The Director-General of the Office shall determine the place of establishment where there is individual doubt as to which territorial establishment is to perform the tasks under the law referred to in paragraphs 1 and 2.

ČÁST TŘETÍ

COMMON PROVISIONS

§ 20

(1) For the purposes of this Act, property matters are also matters relating to the commitment of the State or the commitment of a State organisation.

(2) Save as otherwise provided in this law, matters relating to the property, property rights of the State, the commitment of the State, the commitment of the State organisation or the property of the municipality, and cases where someone claims or denies that it is property, property rights of the State, the commitment of the State, the commitment of the State organisation or the property of the municipality.

(3) Where this law refers to the jurisdiction of the management of property on the part of the organisational bodies and state organisations, this also means cases where such jurisdiction is claimed or denied, or where it is conditional on the designation that it is property.

Relations related to the activities and performance of other tasks of the Office

§ 21

(1) Where the Office starts to act in accordance with the procedure provided for in paragraphs 3 and 4 or with the provisions of paragraphs 6 and 7, when the procedure is already under way, the results of the procedure and the effects of the procedural procedures to date shall be maintained. This applies mutatis mutandis if, in the cases provided for by this law (paragraphs 4 and 5 of Section 23), the Office ceases to act in this way during the proceedings.

(2) Where the Office starts to act in proceedings under the provisions of Sections 3 and 4 or under the provisions of Sections 6 and 7, it shall act in this way until its final conclusion, including, where appropriate, emergency appeals proceedings, unless otherwise provided for further (Sections 23 (4) and (5)).

(3) During the hearing of the Office under the provisions of Sections 3 and 4 and under the provisions of Sections 6 and 7, any procedural action by the relevant organisational body in the proceedings shall be ineffective. Any legal acts which, at that time, the relevant organisational body takes outside the proceedings and which are contrary to the procedure of the Office in this proceedings shall be void.

(4) The status and scope of the parties to the proceedings and the competence of the organisational body to manage the property, (3) to which the proceedings relate, are not affected by the action of the Office under the provisions of Sections 3 and 4 and by the provisions of Sections 6 and 7, and the outcome of the proceedings, including the payment of the costs of the proceedings and, where appropriate, the reimbursement of the costs of the proceedings falls directly on that organisational body.

§ 22

(1) If the Office is acting on behalf of the State (§ 3, 4, 6, 7), the present representation on the basis of the power of attorney agreed for that procedure by the relevant organisational body is excluded.

(2) If the Office is acting on behalf of the State (§ 3, 4, 6, 7, 9), or is directly involved or representing the municipality pursuant to § 13a and 13b, it cannot itself negotiate a proxy for such proceedings, unless otherwise provided for in this Law (§ 26).

§ 23

(1) If, in the course of the proceedings, the conditions for the exclusive conduct referred to in Article 3 (1) (a) and (b) are met, the relevant organisational body shall immediately inform the Office thereof. The Office shall notify the court or arbitration body before which the proceedings are pending and shall proceed further under this law. In other cases of exclusive conduct, the conditions laid down in the procedure shall not be taken into account.

(2) If, in the course of the proceedings in which the Office is acting pursuant to Articles 6 and 7, the conditions for the exclusive hearing (Sections 3 and 4) are met, the Office shall notify the court or arbitration body before which the proceedings are conducted and continue the hearing under this Law.

(3) If, in the course of the proceedings in which the Office acts pursuant to Paragraph 9 or in which it directly participates (§ 11), the conditions for the exclusive hearing (paragraphs 3 and 4) are fulfilled, the Office shall notify the court before which the proceedings are pending of its action or of its direct participation in the proceedings in accordance with a specific law and shall continue to act under this law.

(4) If, during the course of the proceedings, the conditions for the exclusive conduct referred to in Article 3 (1) (a) and (b) are no longer met or there are circumstances which exclude the exclusive conduct referred to in Articles 3 and 4 (5), the Office shall notify the court or arbitration body before which the proceedings are conducted and the relevant organisational body shall act as the State, unless an agreement is reached pursuant to Article 7. If, during the procedure, the conditions laid down in the other cases of exclusive conduct cease to be fulfilled, this shall not be taken into account.

(5) Where, in the course of the proceedings, circumstances arise which exclude the agreed conduct (paragraphs 6 and 7) and are not the case referred to in paragraph 2, the Office shall notify the court, arbitration, administrative or other body before which the proceedings are conducted and the relevant organisational body shall act in the proceedings.

§ 24

(1) The performance of the Office's activities in the proceedings under Sections 3, 4, 6, 7, 13a, 13b or 13d shall always be ensured by a territorial establishment (Section 14) in whose territorial district the seat of the relevant organisational body or municipality is situated.

(2) The conduct of the Office's activities in accordance with the provisions of Section 9 shall always be ensured by a territorial establishment in which the seat of the court before which the Office is to enter is situated.

(3) The exercise of the Office's activities consisting of its direct participation in the proceedings (§ 11) is always ensured by a territorial establishment in whose territory the seat of the court with which the application to initiate proceedings is to be lodged and, where appropriate, by the court before which the Office is to enter proceedings.

(4) The performance of the Office's activities in the processing of legal opinions (Section 13) is ensured by a territorial workplace in the capital of Prague.

(5) The Director-General may, on imperative grounds for the individual activity referred to in paragraphs 1 to 4, designate a place other than a designated territorial establishment.

§ 25

(1) Where the Office acts on behalf of the State (§ 3, 4, 6, 7, 9) or is directly involved in the proceedings (§ 11), it shall, in the framework of legislation, always act in such a way as to effectively defend the State's property interests and respect for fundamental obligations in the management of the property.

(2) All organisational bodies and state organisations shall provide the Office with the information, data, supporting documents and synergies necessary for the proceedings in which the Office acts on behalf of the State or in which it is directly involved, and for the processing of legal opinions (§ 13), unless otherwise provided for in a specific law or international treaty which is bound by the State and which has been declared in the Collection of Laws and International Treaties or in a previous similar collection.

(3) The Office shall provide information, data and supporting documents to the relevant organisational components in due time and in full when they relate to the proceedings in which the Office acts (Section 3, 4, 6, 7), and are particularly necessary for their proper management of the property.

(4) In accordance with Articles 3 and 4 and 6 and 7, the competent organisational bodies of the Office shall not provide financial services for the conduct of proceedings. This shall apply mutatis mutandis if the Office draws up a legal opinion for an organisation or a state organisation.

(5) Where the Office acts in accordance with the procedures laid down in Sections 3 and 4 or with the provisions of Sections 6 and 7, the final expenditure directly linked to such proceedings shall be borne by its budget. Other costs of proceedings and reimbursement of costs of proceedings, including judicial fees and advances imposed on the costs of proof, shall be borne by the relevant organisational body.

(6) Where a court, arbitration body, administrative authority or other body has decided in a procedure where the Office has acted in accordance with the provisions of paragraphs 3 and 4 or with the provisions of paragraphs 6 and 7 on the reimbursement of costs for the benefit of the relevant organisational body, the relevant organisational body shall pay to the Office's revenue account an amount equal to the costs incurred by the Office pursuant to paragraph 5 of the first sentence.

§ 25a

(1) The municipality is obliged to provide the Office with the information, information, documents and synergies necessary for the proceedings in which the municipality is represented in accordance with § 13a and 13b.

(2) The Office shall inform the municipality, in due time and in full, of the conduct of the proceedings in the case in which the Office ensures the representation of the municipality in accordance with the provisions of Sections 13a and 13b.

§ 26

Where the Office is acting in proceedings before foreign and international courts and arbitration bodies, it may negotiate a representation on the basis of proxy with a natural person who is aware of the law of the State where the proceedings are conducted and who is entitled to represent. This is the case whenever this condition contains specific legislation, an international treaty which is bound by the State and which has been declared in the Collection of Laws and International Contracts or in a previous similar collection, or the rule of law of the State in which proceedings are conducted. Paragraph 25 (5) and (6) shall apply mutatis mutandis.

§ 27

In order to ensure an overview of matters registered in the State-owned real estate register with which the Office is competent to manage (§ 18, 19), the Office uses the cadastral data free of charge, including remote access to cadastral data.

§ 27a

(1) The Office allows the organizational bodies and state organisations to which the law on the property of the Czech Republic and its representation in legal relations applies, free of charge, on its website

(a) publish offers for sale, donation, exchange, hire, payment or borrowing of unnecessary State assets;

b) announce and carry out electronic tendering procedures under the Law on the assets of the Czech Republic and its presentation in legal relations or public tender for the most appropriate offer when dealing with unnecessary State property.

(2) The Office allows state-owned enterprises, the state-owned organisation Railway Administration, the Czech National Bank, the local authorities, the local authorities' contribution organisations, public research institutions and public universities on its website

(a) publish offers and intentions for the sale, donation, exchange, lease, payment or borrowing of property;

(b) declare and carry out an electronic tender for the most appropriate tender or other procedures for the conclusion of a contract for the management of property.

(3) The Office is not responsible for the legal acts undertaken by the bodies of organisation, state organisations, state enterprises, state organisation Railway Administration, the Czech National Bank, the local authorities, the local authorities' contribution organisations, public research institutions and public universities pursuant to paragraphs 1 and 2.

§ 27b

(1) Where the Office declares and carries out an electronic tender procedure under the Law on the Property of the Czech Republic and its performance in legal relations or a tender for the most appropriate tender, in which it refers to an unspecified number of persons in a pre-determined location with a call for tenders to identify the best bidder, the contract is not concluded by way of a letter, the contract is negotiated subsequently and Act No. 250 / 2023 Coll., on public auctions, does not apply.

(2) Paragraph 27a (1) (b) and Article 27a (2) (b) shall apply mutatis mutandis to the procedure laid down in Articles 27a (1) (b) and 27a (2) (b).

ČÁST ČTVRTÁ

TRANSITIONAL PROVISIONS

Date of Promulgation	24.05.2002
Effective from	01.07.2002
Effective until	-
Status	Valid

Citation	Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters
Regulation Type	Law
Author	-
Collection	Code of Laws

Act No. 201 / 2002 Coll.

Law on the Office for the Representation of the State in Property Matters

Contents